YOUZEEK General Terms of Use

The website http://www.YOUZEEK.com is an interactive music website with social features created and maintained by the company YOUZEEK LLC.
YOUZEEK LLC. is incorporated in Delaware.

This document (the "Agreement") is a legally binding agreement between you and YOUZEEK, a Delaware company ("YOUZEEK"), that governs your use of YOUZEEK's service as defined 5 below (the "YOUZEEK Service") available at the YOUZEEK Website (as defined in the YOUZEEK Privacy Policy). For a detailed description of the features in the YOUZEEK Service, please see the YOUZEEK Website.


Contract formation

By using the YOUZEEK Service, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent's or guardian's consent to enter into this Agreement, that any registration information that you submit to YOUZEEK is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the YOUZEEK Privacy Policy.


Changes to the Agreement and notices

YOUZEEK may make changes to this Agreement at its sole discretion. Changes will be communicated to you by YOUZEEK posting the new version of the Agreement on the YOUZEEK Website or as otherwise determined by YOUZEEK in its sole discretion and your acceptance of and / or continued use of the YOUZEEK Service after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to acknowledge one more time and reaccept this Agreement following any material changes.


Grant of license

You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the YOUZEEK Service and to receive by stream the media content made available through the YOUZEEK Service and its partners. You do not have a right to transfer or sublicense your rights under this Agreement.


Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):


Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that YOUZEEK and its business partners have a right to provide promotional offers, advertising and other information to you by email or other means of communication, in relation to the YOUZEEK Service, and that (ii) YOUZEEK Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the YOUZEEK Service, and to facilitate the operation of the network on which the YOUZEEK Service runs. You may opt out of receiving promotional messages from YOUZEEK and its business partners at any time by changing your account settings or by hitting the "unsubscribe" link in any of your emails.


Customer support

If you have any questions concerning the YOUZEEK Service or this Agreement, please contact YOUZEEK customer service by visiting the help section.


Term and termination

This Agreement will become effective in relation to you when you start using the YOUZEEK Service and will remain effective until terminated by you or YOUZEEK . YOUZEEK reserves the right to terminate this Agreement or suspend your YOUZEEK account at any time in case of unauthorized, or suspected unauthorized use of the YOUZEEK Service whether in contravention of this Agreement or otherwise. If YOUZEEK terminates this Agreement, or suspends your  YOUZEEK account for any of the reasons set out in this section, YOUZEEK shall have no liability or responsibility to you.


No warranty

THE USE OF THE YOUZEEK SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED AND LICENSED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, YOUZEEK DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE YOUZEEK SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT. In addition, YOUZEEK does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the YOUZEEK Service or any hyperlinked website, or featured in any banner or other advertising. Consequently YOUZEEK will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the YOUZEEK Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from YOUZEEK shall create any warranty on behalf of YOUZEEK in this regard.


Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUZEEK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE YOUZEEK SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT), EVEN IF YOU HAVE ADVISED YOUZEEK ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Nothing in this Agreement removes or limits YOUZEEK's liability for fraudulent misrepresentation, death or personal injury caused by its negligence.


Indemnity

You agree to indemnify and hold YOUZEEK and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.


Intellectual property

YOUZEEK respects intellectual property rights, and expects you to do the same. The YOUZEEK Service and the content provided through the YOUZEEK Service is the property of YOUZEEK or YOUZEEK's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the YOUZEEK Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the YOUZEEK service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the YOUZEEK Service.


Technology limitations and modifications

YOUZEEK will make reasonable efforts to keep the YOUZEEK Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. YOUZEEK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the YOUZEEK Service with or without notice.


Privacy

You agree that YOUZEEK has a right to collect and process your personal information in accordance with the YOUZEEK Privacy Policy.


Assignment by YOUZEEK 

YOUZEEK may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.


Entire agreement

This Agreement together with the YOUZEEK Privacy Policy (the "Agreements") constitutes all the terms and conditions agreed upon between you and YOUZEEK and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to YOUZEEK are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by YOUZEEK not contained in this Agreement.


Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.


Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the State of California. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of such State.


English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.



YOUZEEK Privacy Policy

YOUZEEK LLC, a Delaware corporation (YOUZEEK, we or us) aims to create the ultimate music experience.

For this, we need to gather information from you, using your Facebook login. This policy ("YOUZEEK Privacy Policy") describes our online privacy practices and what personal information we may collect from you and what we will and will not do with that information.


How we collect and use personal information

When you sign up for a YOUZEEK account, you will be asked to use your Facebook account to log in. By doing this, you will share basic information from your Facebook account to your YOUZEEK profile. You can find more information about the Facebook privacy policy here: http://www.facebook.com/policy.php
In addition, when you use the YOUZEEK service, we will automatically collect information about your use of our service such as media you access, queries you make, date and time of your request, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version.

We will use your personal information to provide the products and services that you have requested (including the eventual display of customized content and advertising), to communicate with you concerning your account and customer service issues, to ensure the technical functioning of our products and services.

If you are connected with your Facebook profile, you will share your Facebook user name and your Facebook profile picture with your Facebook friend who log in to YOUZEEK with their Facebook account.

Further, the default setting is that all your playlists are visible to your Facebook friends using the YOUZEEK service. If you do not wish for such use of your personal data to take place, you should not connect to YOUZEEK with your Facebook account.


Sharing information with others

YOUZEEK will only share your personal information as is necessary to:

· Provide you with the products or services that you have purchased or requested.


Transfer of personal information to other countries

YOUZEEK processes personal information on servers in a number of countries. We may therefore transfer and process your personal information on a server outside the United States. However, we will use our best efforts to do so in accordance with this YOUZEEK Privacy Policy and applicable law.


Security

We take a number of steps to keep your personal information secure from unauthorized access. For example, we ask you to use a unique and strong password and not to share this information with anyone. In addition, we use encrypted transmissions to limit access to the systems that store your personal information. Further, we respect and comply with applicable laws and regulations on data protection. You are responsible for maintaining the security of your user access name and related password. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.


Children´s personal information

The YOUZEEK service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age you should not use the YOUZEEK Service, and under no circumstances should you provide personal information to us. If we discover that a child under the age of 13 has provided us with personal information, we will immediately delete that child´s information from the YouZeek Service.


Access to personal information and corrections

You can access and update some of the personal information we keep on you through the YOUZEEK Service or by sending a request to privacy@youzeek.com. We will respond to your request upon verification of your identity within a reasonable period of time, and to the maximum extent practical.


Links

We may display links to third party websites. Please note that we cannot control and cannot be held responsible for the privacy policies of such websites. You should always read the privacy policy of a website to find out more about how personal information is collected and processed.


Cookies

We may also store information about you using cookies (files which are sent by us to your computer or other access device) that we can access when you visit the YOUZEEK Websites in future. We do this to help improve the user experience of the website. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.


Changes to this YOUZEEK Privacy Policy and notices

YOUZEEK reserves the right to make changes to this YOUZEEK Privacy Policy at its sole discretion. If we make any changes to this policy we will notify you by posting the new version of the policy on the YOUZEEK  Websites. It is your own responsibility to check the website for such postings from time to time. You may also be asked to acknowledge one more time and reaccept this Privacy Policy following any material changes.
Please note that by using the YOUZEEK Service or the YOUZEEK Websites, you consent to the collection and processing of your personal information as described in this YouZeek Privacy Policy, as well as the other terms of this Policy. As mentioned above, we will notify you if we make any changes to this YOUZEEK Privacy Policy by posting the new version of the policy on the YOUZEEK Website. Your continued use of the YOUZEEK Service or the YOUZEEK Website following the posting or other notice of changes to this YOUZEEK Privacy Policy will constitute an acceptance of such changes. If you have any concerns, questions or thoughts on how we can improve our privacy policy, please let us know by sending an email to privacy-feedback@youzeek.com.


Ownership changes

In the event that YOUZEEK or its affiliates, or its or their respective business or this website becomes owned or controlled by other individuals or entities, the information we have collected about you through this website or otherwise may be transferred to such other individuals or entities. In such an event, this Privacy Policy will continue to apply to the information gathered online about you through this site until you are notified otherwise or a change is made to this Policy and posted or notified as provided above.





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